- (1.) The writ petitioner claims to have been appointed as Assistant Teacher of Chakmondala Primary School under Rampurhat, West Circle by the then President of ad hoc committee, District School Board, Birbhum on 3rd January, 1983. It has also been claimed by the petitioner that he had already completed B.Ed. Degree in the year 1981 prior to his joining to the said school. It is stated that the Chairman, Birbhum District Primary School Council issued an order in respect of Rampurhat South Circle vide memo no.831(28) dated 26th July, 2005 and, thereby, published a panel of Head-teacher in different schools with an information to the empanelled Head-teacher to join the school within thirty days from the date of order and to submit a report to the concerned sub-Inspector of schools. The petitioner was enlisted in the said panel under serial no.7 and the petitioner was promoted as Head-teacher for Bargachia Prathamik School under Rampurhat South Circle. In pursuance of the said panel dated 26th July, 2005, the petitioner submitted his joining letter on 17th August, 2005 as Head-teacher which has been duly recognized by the then Head-teacher-in-Charge of the school. The said joining letter has been annexed as Annexure P-3 to this writ petition. It has been stated by the petitioner that while the petitioner was appointed in the year 1983, at the relevant time, West Bengal Primary Education Act, 1973 was in vogue but no rule at that point of time was framed under the said Act. The rule has been framed only in the year 1991. Before 1991 rule came into effect 1940 rule was governing the field. It has been stated that the petitioner completed his B.Ed. Degree prior to his appointment in 1983 and in terms of Department Memo No.306-SC/P dated 7th February, 1967 the Director of Public Education, West Bengal declared that there would not be any objection to treat the M.A./B.A./P.G.B.T. Teachers of aided Primary Schools as 'A' category Teachers for the purpose of payment of Government grants on deficit basis. The petitioner was served with a copy of the Memo being No.3068 dated 11th November, 2014 by Birbhum District Primary School Council addressed to the sub-Inspector of Schools, Rampurhat South circle. By the said order the Council held that B.Ed. Degree cannot be considered for appointment of Head-teacher from the panel in terms of Memo No.1920 dated 2nd September, 2014. It was indicated that the sub-Inspector of Schools overlooked the training qualification and made wrong entry in the Head-teacher panel. Therefore, the teacher was directed to be degraded from Head-teacher to Assistant Teacher and overdrawn amount should be refunded. The said order of the District Primary School Council, Birbhum, is under challenge.
(2.) In this writ petition, the petitioner has prayed for a writ of mandamus commanding the respondent-authorities, particularly the respondent no.4, Chairman, Birbhum District Primary School Council, to act as per the panel prepared in terms of the letter vide Memo No.831(28) dated 26th July, 2005 by withdrawing the impugned Memo dated 11th November, 2014 issued by the Birbhum District Primary School Council. In support of the case made out by the petitioner the learned advocate appearing for the petitioner placed reliance in the case of Bishnupada Ghosh & Ors. Vs. State of West Bengal & Ors. an unreported decision decided on 1st September, 2014 by a Hon'ble Division Bench of this Court.
(3.) In support of his case the petitioner has further relied upon the following judgments, namely, * Nihar Ranjan Biswas Vs. State of West Bengal,2016 3 CalHN 516. * State of Punjab & Ors. Vs. Rafique Masih (white washer) & Ors., 2015 4 SCC 334.;